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Hunter Family Wins
$2.9 Million In DC
Wrongful Death

By Maria Elena Fernandez
Washington Post

Contributed by Alyson, Jodie Miller, Bobby G and Jessica Xavier
Washington
December 11, 1998

Tyrone Michael Hunter died without his dignity three years ago, but a D.C. Superior Court jury yesterday helped his mother honor his life by awarding her nearly $2.9 million in her wrongful death lawsuit against the city.

"I know he was in pain; I know he was scared ... but I know he is smiling now," Margie Hunter said. "He is smiling because I did the right thing."

Hunter died on Aug. 7, 1995, after a car accident and a series of humiliating events, his mother, Margie Hunter charged in her lawsuit against the D.C. Fire Department and D.C. General Hospital.

Hunter, a 24-year-old hairdresser, lived his life as a woman. He dressed in women's clothes, wore makeup and took hormone injections to develop breasts. He never officially changed his name, but was known as Tyra Hunter for almost 10 years.

Eyewitnesses testified during the five-week trial that a rescue worker who cut open Hunter's pants at the accident scene recoiled in surprise, made crass remarks and stopped treatment for several minutes after discovering Hunter's male genitals..

The jury did not individually blame firefighter Adrian Williams, who was named in the lawsuit and who testified that he cut Hunter's pants. Instead, the jury held the department liable for $600,000 for the remarks and for withholding treatment.

"Tyra had a dream," said Dee Curry, a member of Transgenders Against Discrimination and Defamation who was in court for the verdict. "She didn't want to be the stereotypical transgendered person. I always admired her for that. That's why her death shook the community the way it did. The humiliation behind it was devastating to us."

The jury, made up of six women and two men, awarded nearly $2.3 million to Margie Hunter in her claims that D.C. General Hospital emergency room doctor Joseph Andre Bastien failed to diagnose Hunter's injuries and follow nationally accepted standards of care. The lawsuit alleged in part that Bastien misread X-rays that are now missing, decided against inserting a chest tube to drain blood that pooled near Hunter's heart and did not give Hunter four units of blood that were available.

Outside the courthouse yesterday, Margie Hunter said that she hopes Bastien is fired and that he "goes back to school and get certified before he touches anyone." Bastien was not in court for the verdict.

While preparing for the trial, Hunter's attorney, Richard F. Silber, said he discovered that five of the eight attending emergency room physicians at D.C. General Hospital were not certified and, more importantly, not even eligible to take the medical board exams.

"This was a huge loss," Silber said. "This person didn't just die. He literally suffocated. He suffocated over a period of time. ... A life was lost here due to unbelievable mistakes." Steven Anderson, the city's attorney, refused to comment on the verdict.

Jurors shook Margie Hunter's hand and wished her well before they left the courthouse yesterday. The jurors declined to speak with the attorneys and the media about the case.

"It's nice to see that the jury did not seem to have gotten hung up the fact that the decedent was transgendered and that they saw that she deserved to be treated like everybody else," said Dana Priesing, a transgendered lawyer who watched the trial and posted testimony summaries on the Internet every day.

Members of the transgendered community attended the trial daily to show support for Margie Hunter and to raise awareness about people who cross genders. Hunter's face has been emblazoned on T-shirts over the words "God's Gift" and two coalitions have been formed in his name. Since Hunter's death, at least a dozen community groups have staged protests claiming that the city government is tolerating bigotry.

The D.C. Fire Department launched an internal investigation after the accident to determine who made the crude remarks at the accident scene. When Margie Hunter filed her lawsuit, the Fire Department stopped the investigation. No one was disciplined, but every member of the department was forced to attend diversity-raining sessions.

"The jury looked at all the facts and recognized that Tyra was not a man dressed as a female but a human being," said Earline Budd, a transgendered activist who watched most of the trial.

"She lived her life as a woman, but all of that is erased," Priesing said. "In court, she became Tyrone, and the people who knew her called her 'he.' That is sad to me. Maybe it was because in a legal proceeding, you have to go by the official name. But I think we should honor her by calling her what she called herself."


A count by count and question by question telling of the jury's vote follows:

---------------------------------------------

I. DC HUMAN RIGHTS ACT - alleged remark

1. Do you find that (firefighter) Adrian Williams made an alleged unlawful remark about (Tyra) hunter's personal appearance, sex, or sexual orientation on August 7, 1995?

NO.

2. Do you find that a DC Fire Department employee other than Adrian Williams made an alleged unlawful remark about (Tyra) hunter's personal appearance, sex, or sexual orientation on August 7, 1995?

YES.

3. Do you find that (Tyra) Hunter hear and understand the unlawful remark?

YES.

4. What amount of money would fairly and adequately compensate (Tyra) hunter, had (she) lived, for any mental or emotional suffering (she) experienced as a result of the unlawful remark?

$100,000

II. DC HUMAN RIGHTS Act - alleged withdrawal of treatment

5. Do you find that Adrian William unlawfully withdrew treatment from (Tyra) Hunter on August 7, 1995?

YES.

6. Do you find that a DC Fire Department employee other than Adrian Williams unlawfully withdrew treatment from (Tyra) Hunter on August 7, 1995?

YES.

7. Do you find that (Tyra) Hunter was aware that Adrian Williams unlawfully withdrew the treatment on August 7, 1995?

NO.

8. Do you find that (Tyra) Hunter was aware that a DC Fire Department employee other than Adrian Williams unlawfully withdrew the treatment on August 7, 1995?

YES.

9. What amount of money do you find would fairly and adequately compensate (Tyra) Hunter, had (she) lived, for any mental or emotional suffering (she) experienced as a result of the unlawful withdrawal of treatment?

$500,000

III. MEDICAL MALPRACTICE

10. Do you find that (Dr.) Joesph Bastian's treatment of (Tyra) Hunter on August 7, 1995 was negligent (that is, that the treatment fell below the applicable standard of care)?

YES.

11. Do you find that (Dr.) Joesph Bastian's negligence proximately caused (Tyra) Hunter to experience conscious pain and suffering on August 7, 1995?

YES.

12. What amount of money do you find would fairly and adequately compensate (Tyra) Hunter, had (she) lived, for any conscious pain or suffering (she) experienced as a result of the negligence of (Dr.) Joesph Bastian on August 7, 1995?

$1,500,000.

13. Do you find that (Dr.) Joesph Bastian's negligence proximately caused (Tyra) Hunter's death on August 7, 1995?

YES.

14. What amount of money, reduced to present value, would equal the financial and other benefits that (Tyra) Hunter, had (she) not died on on August 7, 1995, would have provided to Margie Hunter during her lifetime?

$400,087

15. What amount of money, reduced to present value, would equal the net loss to (Tyra) Hunter's estate at the end of (her) lifetime, had (she) not died onon August 7, 1995?

$373, 379

------------------------------ An appeal by the DC Corporation Counsel's office (the defendents) may be expected. As it has since August 7, 1995, Transgender Nation - Washington will continue to monitor this case and its aftermath. The tragic death of Tyra Hunter will not be forgotten.

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